What Should I Do About a New York Judgment I Never Knew About?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I got papers in the mail saying there is a judgment against me. I had no knowledge of this. It is dated July 2025. The papers say I need to answer questions and that I could be jailed if I do not.
Says I need to answer questions and I'll be incarnation if I don't.
Attorney Answer
You cannot be jailed simply for owing a debt, but you can be held in contempt for ignoring a valid court order or subpoena that tells you to respond, so the safest move is to respond by whatever deadline is on those papers, not to ignore them.
Papers that reference a judgment and warn about needing to 'answer questions' often mean a creditor has already won a judgment against you and is now using post-judgment discovery tools to find out about your income and assets so it can try to collect. In New York, one common tool is an information subpoena under CPLR § 5224, which requires the person it is sent to respond, typically within seven days of receiving it. The warning about being jailed usually refers to the fact that ignoring a valid subpoena or court order can lead to a contempt finding, which is different from being jailed for the debt itself.
Steps to take right away:
1. Read the papers closely to find the court name, index number, and response deadline. Do not miss that date. 2. Call the court clerk's office listed on the papers to confirm the case is real and check the docket. Some mail imitates real court documents, so verifying with the court protects you either way. 3. Check whether you were properly served with the original lawsuit. If this judgment was entered by default and you never knew about the case, you may be able to ask the court to vacate the judgment under CPLR § 5015 if you act quickly and have a valid reason and defense. 4. If it is a valid information subpoena, answer it truthfully and completely by the deadline. You are generally not required to guess at information you do not have, but you cannot ignore it. 5. Look into exemptions. New York law protects certain income and property from judgment collection under CPLR § 5205, such as a portion of wages and certain benefits. 6. Talk to a consumer law attorney soon, especially if you are unsure whether the underlying debt or judgment is even valid.
This is general legal information and not legal advice. A New York consumer law attorney can review the actual papers you received and tell you exactly what they require and by when.
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Frequently Asked Questions
Can I really go to jail for not paying a debt in New York?
No, you cannot be jailed simply for owing money. What can lead to legal trouble is ignoring a valid court order or subpoena that requires you to respond or provide information, which is treated as contempt of court, not the debt itself.
What if I never got served with the original lawsuit that led to this judgment?
If you were never properly notified of the original case, you may be able to ask the court to vacate the default judgment under CPLR § 5015. You typically need to act promptly and show both a valid excuse and a real defense to the claim.
How do I know if this is a scam instead of a real court document?
Call the court clerk's office directly, using a number you look up independently rather than one printed on the papers, and ask them to confirm the case and index number. A real judgment or subpoena will show up in that court's records.
